Hayworth Votes to Reduce Frivolous Lawsuits

House bill would impose sanctions on lawyers, firms WASHINGTON U.S. Representative J.D. Hayworth was among the majority of House members who voted in support of a measure on Oct. 27 aimed at curtailing the epidemic of frivolous lawsuits being filed in American courts. Following House passage of H.R. 420, the Lawsuit Abuse Reduction Act of 2005, Rep. Hayworth called the action a much needed step toward the comprehensive tort reform that is needed to free the American economy and individual citizens from the burden of unnecessary and expensive legalistic entanglements. The bill passed easily on a vote of on a vote of 228-184. The Lawsuit Abuse Reduction Act contains measures designed to prevent frivolous claims, including sanctions on attorneys and plaintiffs and limits on forum shoppinga practice in which attorneys cherry-pick courts to bring their suits in jurisdictions that traditionally provide plaintiffs with large awards, Rep. Hayworth said. Highlights of H.R. 420, the Lawsuit Abuse Reduction Act of 2005: * The Lawsuit Abuse Reduction Act of 2005 provides for appropriate sanctions against frivolous lawsuits. Specifically, the bill: * Restores mandatory sanctions on attorneys, law firms, or parties who file frivolous lawsuits; * Abolishes the free pass provision that allows parties and their attorneys to avoid sanctions by withdrawing a suit within 21 days after a motion for sanctions has been filed; * Permits monetary sanctions, including reimbursement of reasonable attorneys fees and litigation costs in connection with frivolous lawsuits; * Extends Rule 11s provisions preventing frivolous lawsuits to apply to state cases in which a state judge finds the case substantially affects interstate commerce by threatening jobs and economic losses to other states; and * The plan also provides a national solution to prevent forum shopping by requiring personal injury cases only be brought only where the plaintiff resides, where the plaintiff was allegedly injured, where the circumstances of the injury occurred, or where the defendants principal place of business is located.